Nomadesk is developed by Nomadesk NV (Ltd.), with headquarters at Kortrijksesteenweg 204, B-9830, Sint-Martens-Latem, Belgium, company registration number BE-0867.499.902. Here you can retrieve all Terms & Policies pertaining to your use of the Nomadesk service:
TERMS OF SERVICE
1. Acceptance of Terms:
Nomadesk, NV (“Nomadesk”) provides its software and service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of this TOS here.
2. Description of Service:
Nomadesk provides you the use of its “Nomadesk” software and accompanying service, collectively referred to here as the “Nomadesk Solution” which allows you to remotely store, manage and share your computer files over the internet. To use the Nomadesk Solution, you must agree that it is provided on an “AS-IS” basis.
3. Your Registration Obligations:
In consideration of your use of the Nomadesk Solution, you represent that you are of legal age to form a binding contract in your country of residence. You also agree to: (a) provide true and accurate information about yourself as prompted by the Nomadesk Solution’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it current and complete. Nomadesk has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any information that is untrue, inaccurate, not current or incomplete or Nomadesk has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete.
5. Fair Usage, Member Account, Password and Security:
You will receive a password and account designation upon completing Nomadesk Solution’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Nomadesk of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Nomadesk cannot and will not be liable for any loss or damage arising from your failure to comply with this, or any other, service term. Accounts are for individual use only. Each account is to be used by one person only and is not to be shared with any other user.
6. Member Conduct:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” or “your Content”), stored under your account are your sole responsibility. This means that you, and not Nomadesk, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Nomadesk does not control the Content posted via the Service. Under no circumstances will Nomadesk be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Nomadesk Solution. You agree to not use the Nomadesk Solution to: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm others, in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (f) upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Nomadesk Solution or servers or networks connected to the Nomadesk Solution, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; (j) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through i above.
You acknowledge that Nomadesk may or may not pre-screen your Content, but that Nomadesk and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is hosted via the Nomadesk Solution. Without limiting the foregoing, Nomadesk and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with your Content. You acknowledge, consent and agree that Nomadesk may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Nomadesk, its users and the public. You understand that the technical processing and transmission of the Nomadesk Solution, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Nomadesk Solution and software embodied within the Nomadesk Solution may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Nomadesk and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Nomadesk Solution.
As an enterprise solution, all content stored in a Nomadesk Vault is also visible to and controlled by the party which paid for the subscription where the Vault was created (the Account Administrator). Users are advised to consider the access rights of their Account Administrator when selecting files to be stored on Nomadesk Vaults.
7. Interstate Nature of Communications on Nomadesk Network:
When you register with Nomadesk, you acknowledge that in using the Nomadesk Solution to send or store electronic communications (including but not limited to uploading photos and files) you will be causing communications to be sent through Nomadesk or Nomadesk’s third party computer networks, portions of which are located in Europe, and other locations, including, though not limited to, the United States, Asia and Australia. As a result, and also as a result of Nomadesk’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the Nomadesk Solution results in interstate and/or global data transmissions.
8. Special Admonitions for International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Europe, the United States and/or the country in which you reside. The Nomadesk Solution must not be used in countries identified as being under Embargo or to citizens of those countries.
You agree to indemnify and hold Nomadesk and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Nomadesk Solution, your use of the Nomadesk Solution, your connection to the Nomadesk Solution, your violation of the TOS, or your violation of any rights of another.
10. No Resale of Service:
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Nomadesk Solution, or access to the Nomadesk Solution, without explicit written permission from Nomadesk.
11. Modifications to Service and Prices:
Nomadesk reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Nomadesk Solution (or any part thereof) with or without notice. You agree that Nomadesk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Nomadesk Solution.
Nomadesk reserves the right to revise the price for the Service at any time. Nomadesk shall provide written notice (including email) of such changes at least thirty (30) days in advance. Revised prices shall apply to all transactions received and accepted after the date of such revision.
You agree that Nomadesk may, under certain circumstances and without prior notice, immediately terminate your Nomadesk account and access to the Nomadesk Solution. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Nomadesk Solution (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Nomadesk Solutions. Termination of your Nomadesk account includes the following actions for both you and all subscriptions paid for under your account (Managed Users): (a) removal of access to the Nomadesk Solution, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Nomadesk Solution. No refund will be granted for account termination. Further, you agree that all terminations for cause shall be made in Nomadesk’s sole discretion and that Nomadesk shall not be liable to you or any third party for any termination of your account or access to the Nomadesk Solution.
13. Nomadesk’s Proprietary Rights:
You acknowledge and agree that the Nomadesk Solution and any necessary software used in connection with the Nomadesk Solution (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Nomadesk Solution. You agree not to access the Nomadesk Solution by any means other than through the interface that is provided by Nomadesk for use in accessing the Service. You understand that the Nomadesk Solution uses Open Source Software. The source code of the Open Source Software, the modifications by Nomadesk and the licenses are either distributed with the Nomadesk Solution, or can otherwise be obtained via a request at email@example.com, at no cost. You acknowledge and agree (a) that the Open Source Software distributed with the Nomadesk Solution interacts “at arm’s length” with the Nomadesk Solution, (b) that the source code and licenses have been made available to you and (c) that Nomadesk does not limit your freedom to distribute copies of, or modify the Open Source Software distributed with the Nomadesk Solution.
14. DISCLAIMER OF WARRANTIES:
You expressly understand and agree that:
your use of the nomadesk solution is at your sole risk. The Nomadesk Solution is provided on an “as is” and “as available” basis. Nomadesk and its Subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Nomadesk and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the Nomadesk Solution will be uninterrupted, timely, secure or error free; (iii) the results that may be obtained from the use of the Nomadesk Solution will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Nomadesk Solution will meet your expectations ; and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Nomadesk Solution is accessed at you own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Nomadesk or through or from the Nomadesk Solution shall create any warranty not expressly stated int the TOS.
15. LIMITATION OF LIABILITY:
You expressly understand and agree that Nomadesk and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nomadesk has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the Nomadesk Solution ; (ii) the cost of procurement of substitute service ; (iii) unauthorized access to or alteration of your transmissions or data, or (iv) any other matter relating to the NOmadesk Solution.
16. EXCLUSIONS AND LIMITATIONS:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages accordingly, some of the above limitations may not apply to you.
17. No Third-Party Beneficiaries:
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Nomadesk may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
19. Trademark Information:
The terms, “Nomadesk”, the “Nomadesk Solution” are the sole property of Nomadesk, NV.
20. General Information:
Entire Agreement. The TOS constitutes the entire agreement between you and Nomadesk and governs your use of the Nomadesk Solution, superseding any prior agreements between you and Nomadesk with respect to the Nomadesk Solution.
21. Choice of Law and Forum:
The TOS and the relationship between you and Nomadesk shall be governed by the laws of the country of Belgium without regard to its conflict of law provisions. You and Nomadesk agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Ghent, Belgium.
22. Waiver and Severability of Term:
The failure of Nomadesk to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
23. Statute of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Nomadesk Solution or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Collection of Information:
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner.
Cookie and Tracking Technology:
The Site uses cookie and tracking technology. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information:
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security:
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this Site allow you to opt out of further mailings.
Privacy Contact Information:
By e-mail: firstname.lastname@example.org
By Phone: +32 9 233 68 86
We reserve the right to make changes to this policy. Any changes to this policy will be posted.
FAIR USE POLICY
At Nomadesk we don’t impose fixed limits to the amount of storage you put on your Vaults. We don’t charge you per GB of storage or for Bandwidth used or for the load that you generate on our systems.
To date, instances of “unfair use” have been very rare ensuring customers continue to enjoy the limitless qualities of our service.
What does this Fair Use Policy mean?
Nomadesk is a shared service and we cannot allow the actions of a few users to negatively influence the system performance for the majority. Some types of activities are obviously violations such as the placing of illegal content on to a Nomadesk Vault and we retain the right to shut down the Vault for these purposes. However, some other activities can cause network performance issues. These activities are difficult to summarize in a policy but are usually caused by a combination of items such as file types used, applications running, storage capacities, geographic locations, etc. As such, we retain the right to intervene in order to uphold the overall Nomadesk high-quality user experience.
When do we invoke the Fair Use Policy?
- Nomadesk retains the right to limit or halt service to any user placing dangerous or illegal content on a Vault. E.g., don’t store illegally downloaded music on your Nomadesk Vault. Laws that prohibit accommodating this particular use bind Nomadesk.
- Nomadesk retains the right to limit or halt service to any user imposing excessive load on the Nomadesk system so that this will compromise the system performance for the majority. E.g., don’t turn your Nomadesk Vault into a popular software-sharing site. It’s just not meant to be used that way.
- Nomadesk retains the right to limit or halt service to any user, in the rare event that we are not able to keep up with the overall storage growth.
- Nomadesk regularly runs usage statistics on its storage infrastructure; we use the 99th percentile to benchmark excessive storage consumption. Such users, that are beyond par, might be contacted by our sales team with a tailored commercial proposal. Customers with minimum 10 paid licenses are exempted from the “99th percentile rule”.
What happens when we invoke the Fair Use Policy?
Nomadesk wishes to keep its customers satisfied, even those who are in violation of the Fair Use Policy, because we acknowledge that this might not be intentional. Therefore, when we invoke the Fair Use Policy, by limiting or halting the service, we will get in touch with the impacted users to find a mutually agreeable solution.
DATA COLLECTION POLICY
How do we improve our software?
At Nomadesk, we strive to continuously improve the quality of our software. In addition to our development process, we also monitor the quality of our products by collecting information about errors and problems. The information helps us to diagnose problems so we can further improve our software and service(s).
How do we collect information?
If a problem occurs in our software program, a report is automatically sent to our server. You are not prompted to review the information that is sent out because no personal information is collected.
What types of information do we collect?
The reporting service collects information about problems that occur behind the scenes while you work with Nomadesk. It is important to diagnose errors that occur behind the scenes because these problems, if left unsolved, may cause additional problems such as performance or program failures.
Reports contain information that is most useful for diagnosing and solving the problem that has occurred, such as:
- In what part of the software the problem occurred
- Type of the problem
Your Internet Protocol (IP) address and, when you allow this, your GPS coordinates are also collected because you are connecting to our servers and to allow you to Theftguard your files.
Reports might unintentionally contain personal information, but this information is not used to identify you.
Who can use the information and how can it be used?
Nomadesk uses information about errors and problems to improve the software and services. Nomadesk employees may be provided access to information collected by the reporting service. However, they may use the information only to diagnose and repair issues or improve the Nomadesk products.
Information storage, processing and release:
Nomadesk maintains datacenter facilities in Europe (Amsterdam, Frankfurt) and USA (Asheville – NC) for our European and American customers, respectively. Information that we collect may be stored and processed in The Netherlands, Germany, Belgium and the United States. Nomadesk abides to the policy regarding the collection, use, and retention of data from the European Union. Nomadesk may disclose this information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Nomadesk; (b) protect or defend the rights or property of Nomadesk, or (c) act in urgent circumstances to protect the personal safety of Nomadesk employees, users of Nomadesk software or services, or members of the public.
Nomadesk occasionally hires other companies to provide limited services on its behalf, such as providing customer support, processing transactions. Nomadesk will provide these companies only the information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
Nomadesk is committed to helping protect the security of the information we collect. The Error Reporting Service uses multiple security technologies and procedures to help protect information from unauthorized access, use, or disclosure. For example, reports are sent to Nomadesk from your computer using encryption technology. The information is then stored on computer servers with controlled access.
DATA RETENTION POLICY
When you decide to no longer use the Nomadesk service, or wish to remove certain Vaults or users, we do not “hang on” to your data. Nomadesk has created a fully automated data cleanup process ensuring unrecoverable removal. As we notify the affected users via email during the process, it is of utmost importance that email addresses are kept up-to-date in our system by the Nomadesk users.
When a Vault is removed, Vault data will be destroyed in 30 calendar days (i.e., “T”-time).
The “Vault Admin” will receive the following emails:
- Immediately: data will be removed permanently in 30 calendar days
- T-14 days: data will be removed permanently in 14 calendar days (final notice)
When a license is removed by the “Group Admin/Manager“.
The managed user, whose license was removed, will enter a grace period of 14 calendar days and receive the following emails:
- Immediately: you have entered a grace period, access will be removed in 14 calendar days
- After 14 calendar days: your grace period has expired, access has been revoked
When the grace period ends and the managed user owns Vaults, they will be removed cfr. the Vault removal flow above.
When a license or trial expires (no payment).
Access for the affected users is revoked immediately. Both “Group Admin/Manager” and affected users will receive the following emails:
- Immediately: license has expired, access has been revoked. If the user owns Vaults: Your data will be removed permanently in 30 days
- T-14 days: The data will be removed permanently in 14 calendar days (final notice)
After 30 calendar days: data will be destroyed.
As long as the data has not been permanently removed (i.e., within the 30 calendar day timeframe), the process can be stopped by contacting our support team.
Copyright and right of the producer of a database:
The nomadesk.com, mynomadesk.com, nmdhyperdrive.com web sites constitute a creation protected by copyright, as well as a database on which Nomadesk holds the copyright and the rights as producer. All texts, lay-out, drawings, photos, films, graphics and other elements of this site are protected by copyright. Any copy, adaptation, modification, traduction, arrangement, communication to the public, location or any other exploitation, of any part or whole of this site, under whichever form or by whatever means, whether electronic, mechanical or by other means, is strictly prohibited, except prior authorization in writing by Nomadesk.
A sui generis right, authorizing the producer of a database to prohibit any extraction and/or re-utilization of any or part of the content of such database, protects the content of such database.
Any infringement to these rights is liable of civil and criminal proceedings.
Trademarks and trade-names:
All denominations, logos, and other signs used on this site, including the logo and the name of Nomadesk are trademarks and/or tradenames protected by law. Nomadesk strictly prohibits any use of those, or of similar signs, except prior authorization in writing.
Liability for content:
This site is created and maintained by Nomadesk with the utmost care. However, Nomadesk cannot guarantee the exact nature of the information contained in this site. The user agrees that such information, in particular concerning the products offered at sale and their prices, may be modified without prior notice. Nomadesk declines all liability for the content of this site, as well as for the use made of such content. Nomadesk cannot be held liable for the content or the existence of other sites, to which hyperlinks are created.